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STATE v. PROVOST

No. 14-05-00537-CR.

205 S.W.3d 561 (2006)

The STATE of Texas, Appellant, v. Victor PROVOST, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled August 10, 2006.

Attorney(s) appearing for the Case

Joel H. Bennett, Galveston, for appellant.

Thomas W. McQuage, Galveston, for appellee.

Panel consists of Justices HUDSON, FOWLER, and SEYMORE.

OPINION

J. HARVEY HUDSON, Justice.

The State appeals the trial court's granting a motion for new trial and setting aside the conviction of Victor Provost, appellee, for possession of a controlled substance. We vacate the order granting the motion for new trial and remand the cause to the trial court to enter judgment of conviction in accordance with the jury's verdict.

BACKGROUND

Appellee...

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